Akers v. Sellers
Indiana Appellate Court
114 Ind. App. 660, 54 N.E.2d 779 (1944)
- Written by Haley Gintis, JD
Facts
John W. Akers (plaintiff) was gifted a Boston bull terrier dog. Akers gifted the dog to his wife at the time, Stella Sellers (defendant). Akers and Sellers later divorced. The trial judge of the marriage-dissolution proceeding awarded Sellers the couple’s home. The judge made no decision on which spouse should be awarded possession of the dog. However, Sellers retained possession of the dog when Akers moved out of the couple’s home. Akers filed a replevin cause of action against Sellers, claiming that the dog was worth $25. However, Akers’s goal in filing the suit was to receive possession of the dog. The trial court held a hearing on the matter. Akers argued that the dog’s title was in his name and the dog’s best interest supported awarding possession to Akers. Sellers argued that she should receive possession because Akers gave her the dog as a gift. The trial court awarded possession to Sellers because Akers had gifted her the dog, despite finding that Akers was more attentive to and showed more affection for the dog. Akers appealed.
Rule of Law
Issue
Holding and Reasoning (Crumpacker, C.J.)
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